If the police suspect you of criminal activity, it is unlikely to be in your best interest to submit to an interview, especially without first consulting an experienced criminal defense attorney. Anything you say to the police can and will be used against you. If charges have not yet been filed, the police may use your statements to support a decision to charge you. If charges have been filed, your statements can be used against you in court. In the event your attorney recommends you agree to an interview, he or she should be present during it..If you are concerned that the police have obtained or are likely to obtain an arrest warrant for you, again I recommend you contact an experienced criminal defense attorney in your area. He or she can contact the officer and offer to surrender you to avoid an arrest at home or at work. Your attorney can explain to the officer that your refusal to submit to an interview is based on his or her advice, and request that any future communications be relayed through counsel rather than to you directly. If you are subsequently contacted by the officer, or by a different officer, you should politely inform him or her that your lawyer has advised you not to make any statements and ask that they contact your lawyer.The right to remain silent exists for good reason. Our jails are filled with people who thought if they could only tell their side of the story, the police would see things their way. It rarely happens.
Jeralyn Merritt, Ask a Lawyer Panelist Since 1998
Answered on Feb 04th, 2013 at 5:13 PM